The law relating to the taking of forensic samples for DNA testing is contained in the Criminal Law (Forensic Procedures) Act 2007 (SA). There are other forensic procedures in other Acts such as the Summary Offences Act 1953 (SA) (as discussed above) and the Road Traffic Act 1961 (SA).

A forensic procedure may be authorised under both the Criminal Law (Forensic Procedures) Act 2007 (SA) or another Act such as the taking of oral fluid or blood under the Road Traffic Act 1961 (SA) (see Criminal Law (Forensic Procedures) Act 2007 (SA) ss 4(1) and 4(2)].

In relation to the taking of forensic samples under the Criminal Law (Forensic Procedures) Act 2007 (SA), different rules apply depending on whether the person to undertake the procedure is a suspect, an offender, a victim or a volunteer, as well as the nature of the forensic procedure. The following will outline suspect and offender forensic procedures.

A forensic procedure in accordance with the Criminal Law (Forensic Procedures) Act 2007 (SA) is a procedure conducted by or for the South Australian police or another law enforcement agency and includes:

taking impressions or casts of a person’s body (such as a dental impression or a cast of a wound) [see Criminal Law (Forensic Procedures) Act 2007 (SA) s 3].

A medical practitioner or a person qualified to carry out forensic procedures may conduct such a procedure, with assistance from a police officer or other person [see s 24].